Legal Question in Wills and Trusts in Washington

Procedure for Probate Hearing

If a single mother who owns her home passes away without a will does her estate go to her children? There are 6 living children yet it appears a ''granddaughter'' initiated a probate hearing and obtained the house. None of the children were notified of the probate hearing, and I found out about it by doing some legal research. This same granddaughter had this single mom sign a POA in 1998 and the mother was still alive and competent. When the mother became ill she did sign a new POA to one of her sons just prior to her passing in 2001. I am sure some fraud on the granddaughters part has taken place. The granddaughter was living with the lady at the time of her passing.


Asked on 3/01/08, 11:17 pm

1 Answer from Attorneys
Christopher Steuart IT Forensics, Inc.

Re: Procedure for Probate Hearing

Intestate probate in the circumstances you describe would pass all assets to the children in equal shares. The POAs are not determinative of anything. You may have some difficulty getting this overturned now even if the grand daughter failed to follow the law on notification. Didn't any of the children know that their mother had died. I find it interesting that none of the children filed a probate action.

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Answered on 3/04/08, 7:52 pm


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